ERDEM-NEWSLETTER-2018-metin
93 COMPETITION LAW The Diesel Emission Scandal consumed the agenda of pub- lic opinion over the course of time. The stock share values of the aforesaid automakers decreased by the billions of dollars as a result of this scandal. Certain German cities imposed several prohibitions with respect to allowing entry of these diesel vehicles. However, the most important development was the VW settlement announcement regarding the claims for damages published by the USADirectorate of Environmental Protection 2 . Thus, VW settled, with prejudice, agree- ing to pay billions of dollars in compensation by accepting the claims against it. On 18 September 2018, namely, approximately three years after the Diesel Emission Scandal outbreak, the European Union Commis- sion (“EU Commission”) announced that it had opened an investi- gation with respect to BMW, Daimler and VW (Volkswagen, Audi, Porsche) on charges of violating competition laws 3 . The EU Commis- sion will investigate whether the automakers are part of an agreement that eliminates competition between them regarding the development and dissemination of emission-reducing technologies for gasoline and diesel vehicles. Thus, it will be examined whether automakers that are competitors for the development of emission technologies in gasoline and diesel vehicles are violating the competition laws by eliminating the technological competition between them. Diesel Emission Scandal Investigation by EU Commission The EU Commission took its first action regarding the Emission Scandal in October, 2017. The EU Commission announced on 20 October 2017 that they conducted on-the-spot investigations on the suspicion that these German Automakers are violating the competi- tion laws 4 . The EU Commission closely followed the developments regarding the Diesel Emission Scandal over the course of time, and continued to monitor events as they unfolded. However, in its press release dated 18 September 2018, the EU Commission clearly indi- 2 https://www.epa.gov/enforcement/volkswagen-clean-air-act-civil-settlement#civil (Access date: 7.12.2018). 3 http://europa.eu/rapid/press-release_IP-18-5822_en.htm (Access date: 7.12.2018). 4 http://europa.eu/rapid/press-release_STATEMENT-17-4084_en.htm (Access date: 7.12.2018).
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